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MILLER v. MAYBERRY

No. 2-683A188.

462 N.E.2d 1316 (1984)

Don H. MILLER, Indiana Insurance Commissioner, Defendant-Appellant, v. Richard Eugene MAYBERRY and Doris Mayberry, Individually and As Personal Representatives of the Estate of Richard Eugene Mayberry, II, Claimants-Appellees, Michael Wheeler, M.D., Inc., Gilbralter Insurance Company Winona Memorial Hospital, and the Hartford Insurance Company, Defendants.

Court of Appeals of Indiana, Second District.

Rehearing Denied May 31, 1984.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen. of Ind., Marsha Harrison, Deputy Atty. Gen., Indianapolis, for defendant-appellant.

Craig Pinkus, William W. Hurst, Mitchell Hurst Pinkus Jacobs & Dick, Indianapolis, for claimants-appellees.

Michael A. Bergin, Locke Reynolds Boyd & Weisell, Indianapolis, amicus curiae for Ins. Institute of Indiana, Inc.

Geoffrey Segar, Myra C. Selby, Ice, Miller, Donadio & Ryan, Indianapolis, amicus curiae for Indiana State Medical Ass'n.

Rebecca G. Looney, Scott & Looney, New Albany, amicus curiae for Indiana Trial Lawyers Ass'n.

RATLIFF, Judge, Writing by Designation.

STATEMENT OF THE CASE

In a court trial, the Marion Superior Court rendered judgment for the plaintiffs, Richard and Doris Mayberry and the estate of their son Richie (Mayberrys), and awarded them damages in the amount of $367,388. The Indiana Insurance Commissioner (Commissioner) now appeals.

We reverse.

FACTS

Richie Mayberry, aged 17 months, sustained serious injuries when struck by an automobile...

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